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Agenda 10/27/2011 S�'TYol�ane p Valle � Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. October 27, 2011 6:00 p.m. L CALL TO ORDER IL PLEDGE OF ALLEGIANCE IIL ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VL PUBLIC COMMENT: On any subject that is not on the agenda VIL COMMISSION REPORTS VIIL ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS NEW BUSINESS: PUBLIC HEARING-CTA-04-11: PROPOSED TEXT AMENDMENT TO CHAPTER 19.120 USE MATRIX,ALLOWING SOLID WASTE RECYCLING IN COMMERCIAL ZONES INFORMATION ITEM: PLANNING COMMISSION RULES OF PROCEDURE REVIEW X. FOR THE GOOD OF THE ORDER XL ADJOURNMENT COMMISSIONERS CITY STAFF 70HN G. CARROLL,CHAIR JOHN HOHMAN,CD DIRECTOR MARCIA SANDS,VICE CHAIR SCOTT KUHTA,PLANNING MGR,AICP BILL BATES RusTiN HaLL STEVEN NEILL 70E MANN DEANNA GRIFFITH,SECRETARY JOE STOY WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: October 27, 2011 Item: CheCk all that apply: ❑consent ❑old business ❑new business �public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-04-11 AGENDA ITEM TITLE: Public Hearing—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) to add a Recycle Facility to Section 19120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A Definitions. GOVERNING LEGISLATION: SVMC 17.80150 and 1930.040 PREVIOUS ACTION TAKEN: Planning Commission conducted a study session on October 13, 20ll NOTICE: Notice for the proposed amendment to SVMC was placed in the Spokane Valley News Herald on October 7, 201 L Notice for the proposed amendment was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: SVMC Section 17.80150(F)provides approval criteria for text amendments to the SVMC. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety,welfare, and protection of the environment. OPTIONS: Planning Commission may recommend approval as presented; recommend approval of modi�ed proposal,recommend the proposal not be adopted, or forward no recommendation to City Council. STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Staff Report and Planning Commission Findings Modi�ed Draft amendment(s) to SVMC 1of1 CONIMUNITY DEVELOPD�NT DEPARTMENT PLANNING DIVISION �S`pokane STAFF REPORT AND RECOMMENDATION TO THE ������� PLANNING COMMISSION CTE�-04-11 RECYCLING FACILITY STAFF REPORT DATE: October 13, 2011 HEAx�1vG DATE A1vn LocAT�o1v: October 27, 2011, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PxoPOSAL DESCx�PT�o1v: A privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) to add a Recycle Facility to Section 19120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A,Definitions. This proposal is considered a non-project action under RCW 4321C. PxoPOSAL LocAT�o1v: The proposal affects the entire City of Spokane Valley, Washington. APPL�cA1vT: Dwight J.Hume, 9101 N Mt.View Lane, Spokane, WA 99218 APPROVAL CRITERIA: Title 17 (General Provisions) and Title 21 (Environmental Controls) of the SVMC. SUMMARY oF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the proposed text amendment to the SVMC. STAFF PLANNER: Mike Basinger, AICP, Senior Planner, Community Development Department L BACKGROUND INFORMATION A. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. A lication Submitted: Se tember 2,2011 Determination of Completeness: September 29,20ll Issuance of an Optional Determination of Non-Significance (DNS): October 7, 20ll End of Appeal Period for DNS: November 4, 2011 Date of Published Notice of Public Hearing: October 7, 2011 Date of Mailed Notice of Public Hearing: October 7, 20ll B. SUMMARY OF TEXT AMENDMENTS Adding indoor recycling facility provisions to Section 19.60, Commercial, and Mixed Use Zones, adding the designation to the Use Matrix in 19120 and adding a definition to Appendix A IL FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to SVMC Title 21 (Environmental Controls), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS)is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on �le with the lead agency. Staff Report and Recommendation to the Planning Commission Page 1 of 4 Conclusion(s): The procedural requirements of the State Environmental Policy Act(SEPA) and SVMC Title 21 have been ful�lled by the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a DNS. IIL FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENTS A. COMPLIANCE WITH TITLE 17 (GENERAL PROVISIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: SVMC Section 17.80.150(F) provides approval criteria that must be considered when the City amends the SVMC. 1. The proposed privately initiated text amendment is consistent with the general vision of the Comprehensive Plan; Staff Response: The principle purpose of the Comprehensive Plan is to provide goals and policies that guide development within the City of Spokane Valley based on the community's identified vision. Text amendments consistent with the goals and policies in the Comprehensive Plan should assist in the implementation of City's overall vision. When considering text amendments and how they relate to the goals and policies in the Comprehensive Plan it is important to examine all potentially relevant goals and policies, reconcile them, and then make a balanced decision consistent with overall vision. In this case, the Planning Commission must determine zoning districts that are most suitable for a recycling facility. The following goals and policies are generally related to the proposed amendment. A brief analysis is provided for Planning Commission consideration. TP-81: Use the City's transportation system and infrastructure to support desired land uses and development patterns. Analysis: The proposed amendment would limit truck traffic associated with a recycling facility to arterials and state highways. TP-82: Allow a variety of services within neighborhoods that are convenient to and meet the needs of neighborhood residents, decreasing the need for driving. Analysis: Allowing a recycling facility to be located in the suggested zones could provide residential neighborhoods convenient access to recycle reusable products. CFG-5: Promote the reduction, re-use and recycling of solid waste. Analysis: Allowing a recycling facility to be located in the suggested zones could promote recycling of reusable products. EDP-61: Encourage the retention, development and recruitment of environmentally friendly businesses. Analysis: Recycling can conserve the consumption of resources, energy and space used in land�lls. The proposed amendment would allow a recycling facility to be located in a broader spectrum of aoning classifications potentially promoting the reuse of recyclable products. Staff Report and Recommendation to the Planning Commission Page 2 of 4 Based on the preceding goals, policies and analysis, the proposed text amendment is consistent with the overall vision of the City's adopted Comprehensive Plan. 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment Staff Resnonse: The proposed amendment would permit recycling facilities in the Community Commercial, Regional Commercial and Corridor Mixed Use zoning districts. Currently, the SVMC categoriaes recycling with solid waste transfer stations permitted in the Light Industrial and Heavy Industrial districts. The applicant requests that recycling facilities be addressed separately as a facilities that accept recyclable materials where the principle function would be to separate and store materials for shipment to end-use markets. The amendment would require all operations to be conducted within an enclosed building where noise and liter could be controlled to ensure land use compatibility. The amendment further stipulates that there must be direct access to an e�sting arterial or state highway. The proposed amendment can provide convenient access to a recycling facility. The public health, safety, welfare, and protection of the environment would be ensured by regulations currently in place in the SVMC and would be furthered by the conditions stipulating that the recycling facility activities be conducted indoors and that direct access would be limited to arterials or state highways. Conclusion(s): The proposed privately initiated text amendment to the SVMC is consistent with the approval criteria contained in the SVMC. IV. STAFF RECOMMENDATION The Planning Division, after review and consideration of the proposed privately initiated text amendment and applicable approval criteria, recommends that the Planning Commission recommend approval of CTA-04-11. V. PLANNING COMMISSION FINDINGS The Planning Commission is required to adopt findings of fact(Sections 17.80.140 & 17.80.150) when recommending changes to the SVMC. At the conclusion of the hearing for the text amendment to the SVMC,the Planning Commission,by separate motion, should adopt findings of fact. Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence with the recommended approval. SVMC Section 17.80150(F)provides approval criteria that must be considered when the City amends the SVMC. PlanninQ Commission Findin�s: 1. The Planning Commission finds the proposed privately initiated te� amendment to be consistent with the applicable provisions of the City's Comprehensive Plan; Ci .t�pokane Vallev Goals and Policies a. CFG-5: Promote the reduction,re-use and recycling of solid waste. b. TP-8.1: Use the City's transportation system and infrastructure to support desired land uses and development patterns. c. TP-8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of neighborhood residents, decreasing the need for driving. Staff Report and Recommendation to the Planning Commission Page 3 of 4 d. EDP-61: Encourage the retention, development and recruitment of environmentally friendly businesses. 2. The Planning Commission finds the proposed privately initiated text amendment to bear a substantial relation to public health, safety, welfare, and protection of the environment; The proposed privately initiated text amendment will provide a definition for a recycling facility, specifically addressing the use and limiting the processing of materials to separation. Precautions will be taken to contain trash or non-recyclable materials and to prevent potentially hazardous fluids from escaping the site via storm water. Zoning districts permitting a recycling facility will be required to meet the following: a. All recyclable materials and equipment must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adjacent to an existing residential use or residential zone screening in SVMC 22.70.030(B) shall be required. d. Access to site is limited to an e�sting arterial or state highway. Recommended Motion: I move the Planning Commission adopt the findings in the staff report and recommend approval to the City Council of CTA-04-11, a text amendment to the SVMC, to add a Recycling Facility to Section 19.120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A Definitions. Staff Report and Recommendation to the Planning Commission Page 4 of 4 PROPOSED AMENDMENTS TO CHAPTER SVMC CHAPTER 19.60, CHAPTER 19.120, AND APPENDIX A DEFINITIONS Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.050 C,Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building; provided,that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way.Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 4. Indoor recyclin�facility; provided that: a. All recvclable materials and equipment, �'���'�^^ ^ ,�'�"'^ �^+^��^'� must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adiacent to an existin� residential use or residential zone screenin� in SVMC 22.70.030(B) shall be required. Page 1 of 3 Id. Access to site is limited to an existin�arterial or state hi�hwav. 19.60.060 RC, Regional Commercial district. A. The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality, mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type I screen consistent with the provisions of SVMC 22.70.030; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way.Automobiles, recreational vehicles, machines and other items normally displayed for sales purposes on an open lot may be so displayed. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 4. Indoor recvclin�facilitv; provided that: a. All recvclable materials and equipment, � �'���'�^^ ^ ,�'�"'^ ^^^+^�;�'� must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adiacent to an existin� residential use or residential zone screenin�in SVMC 22.70.030(B) shall be required. d. Access to site is limited to an existin�arterial or state hi�hway. 19.60.080 CMU, Corridor Mixed Use district. A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. Page 2 of 3 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the CMU district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. 4. Indoor recyclin�facility; provided that: e. All recyclable materials and equipment, � �'��^'�^^ ^ ,�'^"'^ ��+^��^'� must be contained indoors. f. All activities must meet the noise requirements of SVMC 7.05.040(L). �. When adiacent to an existin� residential use or residential zone screenin� in SVMC 22.70.030(B) shall be required. h. Access to site is limited to an existin�arterial or state hi�hway. Chapter 19.120 PERMITTED AND ACCESSORY USES NAICS Schedule of Corridor Community Regional Light Heavy Permitted Uses Mixed Use Commercial Commercial Industrial Industrial Appendix 19-A I56292 Recycling Facility S S S P P Appendix A DEFINITIONS Recvclin� Facilitv: A Facilitv that accepts recvclable materials and mav perform some processin� activities. The principle function is to separate and store materials that are readv for shipment to end- use markets, such as paper mills, aluminum smelters or plastic manufacturin� plants. Processin� activities may include balin�, compactin�, flattenin�, �rindin�, crushin�, mechanical sortin�, or cleanin�. Page 3 of 3 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: October 27, 2011 Item: CheCk all that apply: ❑consent ❑old business ❑new business ❑public hearing � information ❑ admin.report ❑ pending legislation FILE NUMBER: AGENDA ITEM TITLE: Study Session—Planning Commission Rules of Procedure DESCRIPTION OF PROPOSAL: Proposed amendments and review of the Planning Commission Rules of Procedure. GOVERNING LEGISLATION: SVMC 18.10 PREVIOUS ACTION TAKEN: The PC Rules of Procedure were adopted in Nov. of 2003 and have been amended previously in June of 2006 and again in Dec of 2009. The Rules of Procedure serve as the Bylaws which govern the day to day operations of the Planning Commission. Accordingly, Rule No. 17 states "The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter." With 20ll being an odd numbered year, the rules must be reviewed, changes are not necessary, but a review must take place. Currently staff is proposing two minor changes to the rules. 1. Section 8. Meetings changing the wording from Old Business to Un�nished Business. This wording is more correctly stating the type of business and is proper in accordance with Roberts Rules of Order. 2. Section 9. Conduct of Hearings, remove the reference that the Secretary will take a roll call vote. The Planning Commission has not followed this rule, and it should be modified to reflect a more current voting method or removed. APPROVAL CRITERIA: SVMC 18.10 Boards and Authorities,Planning Commission. OPTIONS: Information only STAFF CONTACT: Scott Kuhta,Planning Manager ATTACHMENTS: Strike through version of Current Rules of Procedure for the SV Planning Commission. Section 18.10 of the Spokane Valley Municipal Code 1of1 i City of Spokane Valley Planning Commission RULES OF PROCEDURE Updated 06-22-2006 Updated 12-10-2009 Updated 2011 We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Municipal Code (SVMC) 1810, do hereby adopt and publish the following Rules of Procedure ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission," hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with SVMC 18.10. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 1810. A. Of�cers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Election of Officers A. Of�cers shall be elected at the first regular meeting in the 12th calendar month of each year, by majority vote of the membership of the Commission. Terms of office shall run from January 1 until December 31 or until a successor has been elected. No Commission member shall serve Page 1 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 i more than two full consecutive terms as Chair of the Commission. No member shall serve as vice-chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the of�ce of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to �11 the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question. 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled_on the 2nd and 4"' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetin�s on General Plannin� Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staf£ Generally,no testimony from the public shall be taken at a study session. 2. Public Hearin� Meetin�. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by recording secretary. d. Approval of Agenda. e. Approval or amendment of minutes. Page 2 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 i f. Public Comment g. Commission Members Report h. Administrative Report. i. Commission Business. Ii. B�kUnfinished Business ii. New Business j. For the Good of the Order. k Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 4230. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or,in the Chair's absence,by the Vice-Chair. 2. By the written request of three or more members of the Commission. �` 3. By agreed motion of the Commission. 9. Conduct of Hearings � A. Actions for a Planning Commission Public Hearing. Prior to the start of the public hearing, the Chair may require that a11 persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The Chair, subj ect to concurrence by the maj ority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent,please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. I 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons te stifying. Page 3 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 i 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair(or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 16(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING a. The Chair announces the matter and opens the public hearing stating the date and time. b. The Chair allows staff to describe the matter under consideration and place matters in the public record. c. The Chair inquires as to whether Commissioners have any questions of staf£ If any Commission member has questions,the appropriate individual will be recalled. d. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. � e. At the conclusion of the public testimony, the Chair asks staff if there is_any additional information, testimony or evidence to submit for the record. £ The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. g. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Affirmative motion are preferred to prevent"approval by default" of a failed negative motion. Following the motion and its second, discussion occurs among Commission members. h. The Chair inquires if there is any further discussion by the Commission members. i. The Chair inquires if there are any final comments or recommendations from staff. j. The Chair inquires of the Commission members if they are ready for the question. Iic.�r��cf�e��ef�=asi�vir""�cmz=�vi� Page 4 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 i � �k_The Chair may direct staff to prepare findings for approval. D. Pre-�ling of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. ll. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the of�cial record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL". 12. Recording of Meetings Proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13. Temporary Committees The Chair shall ha�e authority to create temporary committees of one or more members and to appoint the members to such committees, which may be charged with such duties as examination, investigation and inquiry into one or more subjects of interest to the Commission. No temporary committee shall have the power to bind the Commission to the endorsement of any plan or program. The Chair may appoint citizens to committees of the Commission. 14. Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period without such absence being excused by the Commission. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission,unless otherwise provided by law. Page 5 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 i 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of inembership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 15. Conflict of Interest A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law,refrain from participating or voting on the matter. 16. Appearance of Fairness The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 4236. I A_During the pendency of any quasi judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding,unless the Commission member: (1)_places on the record the substance of such oral or written communications; and � (2)_provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 4236.060) 17. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. � ` ��� BY: Secretary of the Commission Date: Page 6 of 6 Planning Commission Rules of Procedure Updated 12-10-2009 Chapter 18.10 PLANNING COMMISSION Sections: 18.10.010 Establishment and purpose. 18.10.020 Membership. 18.10.030 Meetings— Rules. 18.10.040 Staff support. 18.10.050 Duties and responsibilities. 18.10.010 Establishment and purpose. There is created the City of Spokane Valley planning commission (hereafter referred to as the "planning commission"). The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. (Ord. 07-015 § 4, 2007). 18.10.020 Membership. A. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B.Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the thirty-first day of December. D. Removal. Members of the planning commission may be removed by the mayor, with the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding membership on the planning commission shall be final and without appeal. E.Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the city council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission. (Ord. 07-015 § 4, 2007). 18.10.030 Meetings— Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the planning commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The planning commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. C. The planning commission shall adopt such rules and procedures as are necessary for the conduct of business, subject to the approval of city council, and shall keep a recording of its proceedings. D. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B. (Ord. 07-015 § 4, 2007). 18.10.040 Staff support. Administrative staff support to the planning commission shall be provided by the City's community development department (hereafter referred to as the "department"). In addition, the planning commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director (hereafter referred to as the "director")on any pending matter. (Ord. 07-015 § 4, 2007). 18.10.050 Duties and responsibilities. The planning commission, as an advisory body to the city council, shall perform and have the following duties and responsibilities: A. Assist in the preparation of a Comprehensive Plan and development regulations in compliance with Chapters 35A.63 and 36.70A RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the development regulations; B. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; C. Upon request from the city manager or city council, review potential annexations to the City; D. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; E. Identify issues and recommend priorities for geographic subareas including park and open space areas in the City; F. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; G. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; H. Hold public hearings in the exercise of duties and responsibilities; I. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. (Ord. 07-015 §4, 2007).